Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Ecuador (Ratification: 1988)

The Committee notes the information provided by the Government in its report with respect to the application of the following Articles of the Convention: Article 4(2)(d) and (g); Article 5(1); Article 7(1); Article 8; Article 9(2); Article 10; Article 11; Article 13(2) and (4); Article 17(2); Article 16(2); Article 18(1), (4) and (5); Article 19(2); Article 20(1), (2) and (4); Article 22(2) and (3); Article 29; Article 32(2) and (4); Article 34(3); Article 36(1) and (3); and Article 38(1) and (2).

Legislation. Technical assistance. Referring to its previous comments, in which the Committee noted the Government’s repeated indications that it planned to update existing standards on safety and health in dock work, and to request ILO technical assistance to that end, the Committee notes that the Government reiterates its intention to request the technical assistance of the Office. The Committee requests the Government to provide information on any legislative progress in relation to the Convention.

Article 1 of the Convention. Definition of dock work. The Committee notes that, according to the Government, the relevant legislation in force, that is, the Labour Code of 16 December 2005, the regulations on workers’ safety and health and improvement of the working environment issued under Decree No. 2393 of 19 November 1986, and the regulations on safety and health in dock work adopted under Resolution No. 360 of 13 November 1979, contain no definition of “dock work”, but that future relevant legislation will take into account the definition contained in the present Article of the Convention. The Committee emphasizes that, the Government’s attention to the fact that under Article 1 of the Convention, the term “dock work” covers all and any part of the work of loading or unloading any ship as well as any work incidental thereto; the definition of such work must be established by national law or practice. The Committee requests the Government to provide information on any measures adopted in law or practice to establish the definition of the work of loading or unloading any ship and incidental work, in consultation with the organizations of employers and workers concerned, and to provide information in this regard.

Article 4(1)(f). Establishing proper procedures to deal with any emergency situations. The Committee notes the provisions referred to by the Government in its report of Resolution No. 360 which established the adoption of the regulations on safety and health in dock work. The Committee notes that these provisions are general and that, in accordance with Article 4(3) of the Convention, the practical implementation of the requirements prescribed pursuant to Article 4(1) shall be ensured or assisted by technical standards or codes of practice approved by the competent authority. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to Article 4(1)(f).

Article 25(1), (2) and (3). Lifting appliances registers. Article 26. Mutual recognition. Article 27(2) and (3)(b) and (c). Functions of the competent authority with respect to lifting appliances. Article 28. Rigging plans. Article 31. Containers. Technical measures. The Committee notes that the provisions referred to by the Government in its report do not give effect to the present Articles of the Convention. The Committee requests the Government to provide information on the manner in which effect is given in law and practice to these Articles of the Convention, including on the consultations which have been held with the organizations of employers and workers concerned.

Article 41(a), (b) and (c). Institutional restructuring. Bodies concerned with dock work. Inspection. Penalties. The Committee notes the inspection reports provided by the Government in its report. The Committee noted in its previous comments the establishment of the Ministry of Transport and Public Works, which includes the Department of Ports and Maritime and River Transport, which will be responsible for the Merchant Marine and Coastal Directorate-General (DIGMER). The Committee once again requests the Government to provide detailed information on the obligations of the bodies concerned with dock work as set out in the Convention, and their functions and obligations relating to occupational safety and health, as established by Article 41(a) and the manner in which effect is given to Article 41(b) and (c) of the Convention.